Can a Pedestrian Be Liable for a Motorcycle Accident in NJ?

A motorcycle hitting a pedestrian is a tragic thing for all involved. Both the motorcyclist and the pedestrian are likely to be injured; the bike very well may be totaled, and there is assuredly a lawsuit in someone’s future. Naturally, the pedestrian may want to sue you for allegedly hurting them. However, motorcyclists can also sue pedestrians for causing motorcycle accidents and can get financial compensation from them, just like if they were a bad driver who hit you while you were riding your motorcycle.

Pedestrians can be partially or fully liable for motorcycle accidents in New Jersey. If a pedestrian who sues a motorcycle rider is partially at fault, their damages will be reduced based on how much they are at fault, and if the pedestrian is more than half at fault, they cannot recover damages at all. In some cases, you may even be able to sue a pedestrian for causing an accident and getting you hurt.

Discuss your case with our New Jersey motorcycle accident lawyer, Jerry Friedman, by calling 1-800-529-4464.

Are Pedestrians Liable for Motorcycle Accidents in NJ?

Pedestrians can absolutely be liable for motorcycle accidents. The only prerequisite for liability is proving that a pedestrian was negligent. When you talk with Jerry about your case, we can figure out whether the pedestrian involved in your crash was partially or fully liable for the accident taking place. If the pedestrian is the cause of the crash, you can sue them for injuries you sustained, damage to your vehicle, and other things that stem from their careless conduct.

Suing Pedestrians for Causing Motorcycle Accidents in NJ

You can sue any party that you can prove caused injuries in a motorcycle crash, and that includes pedestrians. In order to successfully sue a pedestrian, you need to demonstrate that they were negligent and their negligence led to your injuries. In law, “negligence” generally refers to someone being careless and not acting as they are supposed to under the circumstances. To prove negligence, you need to establish four “elements,” or parts, of the claim:

Duty

“Duties” are obligations that parties have to one another. A lot of the time, you will hear legal duties referred to in terms of contractual obligations. However, there are also general duties that people have to one another. For example, people have a duty to act in a way that is not likely to hurt other people. For example, pedestrians have an obligation to not act in a way that makes motorists do dangerous things, just like drivers have a duty to drive in a way that they are not likely to hit a pedestrian.

Breach

Breach refers to when someone fails to uphold their duty. For example, suppose you are riding your motorcycle and approaching a crosswalk. A pedestrian then darts into traffic, even though you have the right of way. Despite your efforts to avoid hitting the pedestrian, you hit them and then crash. In that case, the pedestrian would have breached their obligation to act carefully when crossing the street.

Causation

You also must prove that the pedestrian caused your injuries if you want to successfully sue them. In law, you must prove that the defendant is the “proximate cause” of your injuries. This means that their conduct is closely tied to your injuries. For example, suppose a pedestrian jaywalks, and you try to avoid them but crash in the process. In that case, the pedestrians’ conduct is closely related to your injuries. However, suppose a pedestrian jaywalks, you start to hit the brakes, and a speeding truck hits you on your motorcycle. In that case, even though the pedestrian may have had something to do with your injuries, the truck driver’s conduct is more closely related to the accident.

Unfortunately, the elephant in the room is that people are likely to be sympathetic to a pedestrian who got hurt in a crash, even if it was their fault. That being said, Jerry will work hard to demonstrate that the accident was their fault. In fact, you may have even suffered more serious injuries than the pedestrian.

Injury

Finally, you need to show that you were actually injured. This is generally straightforward. You can prove that you were injured through medical records, testimony from eyewitnesses, medical professionals, your own testimony, and other forms of evidence. The extent of your injuries is also an important factor in determining what financial compensation you may get in your lawsuit.

Comparative Negligence in NJ Motorcycle Accidents

If you find yourself being sued by a pedestrian in a civil claim, you can, as a defense, assert that the defendant was responsible for the accident taking place and, accordingly, they should either receive less damages or lose the case altogether. Under N.J.S.A. § 2A:15-5.1, negligence on the part of a plaintiff does not bar them from recovering damages. However, juries reserve the right to reduce their damages by a percentage based on how negligent the plaintiff was. Moreover, if the plaintiff was overall more negligent than the combined negligence of the defendants, they can be barred from getting damages awarded to them.

If you are a defendant in a pedestrian accident claim, Jerry can emphasize facts that demonstrate that the plaintiff-pedestrian is the party that was truly negligent, not you. For example, if the pedestrian intentionally ran onto the street in an attempt to get hit and sue for damages, that can be explained to the jury so that they understand that the accident is the pedestrian’s fault, not yours.

Start Getting Help with Your Motorcycle Accident Claim Today

Our Atlantic City, NJ motorcycle accident lawyer, Jerry Friedman, can start helping you with your claim today when you call 1-800-529-4464.